FOR IMMEDIATE RELEASE
MEDIA STATEMENT
According to SUHAKAM, as of September 2014, there are about 1196 children of refugees under the age of eighteen in detention in 12 depots throughout Malaysia. 512 of those children are under the age of twelve.
When I was unconstitutionally detained overnight in a Malaysian cell, I was neighbor to an immigrant, who was held behind bars together with two of her children. The elder child was four and a half years old; while the younger one was not nearly three years of age.
No child should face detention on the basis of their immigration status. The detention of children not only violates basic human rights of children as outlined in the Convention On The Rights of The Child (to which Malaysia is party); but also leads to numerous negative impacts, including mental and physical health as well as risks of violence in detention.
The International Detention Coalition (IDC) quoted a United States study in their 2012 report on the detention of children, which states that among 70 asylum seekers, they have found that 77 percent of those detained developed clinically significant symptoms of anxiety; 86 percent displayed depressive symptoms while 50 percent had symptoms of post-traumatic-stress disorder (PTSD).
The IDC also said that “because of children’s particular vulnerability, detention may cause additional problems for children’s developmental and physical health.” They are also at risk of psychosocial problems that are linked to their experiences in detention.
Evidence also shows that even short detention periods have detrimental effects on mental and physical health of children. The IDC reported that “children detained and assessed in a 2009 British study displayed symptoms of depression and anxiety, sleep problems including nightmares eating difficulties and somatic problems.”
It is also reported that the children displayed emotional and behavioural problems. The Australian Human Rights and Equal Opportunity Commission (HREOC) has concluded that
“While there are a number of factors that contribute to the mental health problems found in children in detention, all those factors are either a direct result of, or exacerbated by the long-term detention of children and families.”
At this very moment, the UNICEF reports that Malaysia maintains a few reservations to the Convention on the Rights of the Child (CRC). It is unfortunate that Malaysia refuses to endorse these certain articles, especially Article 37 on torture and the deprivation of liberty.
According to UNICEF, Malaysia’s reservations were on the basis that the Articles (2 on non-discrimination, 7 on name and nationality, 14 on freedom of thought, conscience and religion, 28 (1) (a) on free and compulsory education at primary level and 37 [on torture and deprivation of liberty] did “not conform with the Constitution, national laws and national policies of the Govt of Malaysia, including Syariah law”.
It is unacceptable that the government makes an exception on an article specifically designed to protect children against torture. In the IDC report, a tale of 3 child refugees from Sri Lanka, were made to squat and stand repeatedly while in detention; they were hit with a stick when they stopped repeating the act.
As such, the government must lift these exceptions, especially on Article 37. We have a moral duty to ensure that the children are protected against torture. It should be a norm to ensure children are never tortured nor deprived of their liberty.
The IDC has outlined a Child-Sensitive Community Assessment and Placement (CCAP) Model, which is a 5-step process to avoid the detention of refugee, asylum seeker and irregular migrant children, which can be used as a basis of enacting laws and procedures while dealing with child refugees and migrants.
Prime Minister Datuk Seri Najib Razak and his government must match their ostensible moral high groud speak – heard just yesterday during the ASEAN summit, with full ratification of the CRC without conditions; as well as to find immediate solutions in the ongoing detention of child refugees; including implementing the recommendations by the IDC.
Detention of children – regardless of status is highly immoral; and Malaysians should be excluded from being party to such instances. We should instead be activists to an end to torture and detention of children.
NURUL IZZAH ANWAR
MEMBER OF PARLIAMENT FOR LEMBAH PANTAI
VICE PRESIDENT AND ELECTIONS DIRECTOR OF KEADILAN
